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HomeMy WebLinkAboutLL # 44 1999 ELIZABETH A. NEV'I~LE k~ Town Hall, 53095 Main Road TOWel CL~']RI~ ~~ P.O. Box 1179 o~ Southold, New York 11971 REGISTRAR OF VIT.kL STATISTICS ~ Fax (516) 765-1823 ~_{ARRIAGE OFFICER Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THF FOLLOWING LOCAL LAW WAS ADOPTED BY THF SOUTHOLD TOWN BOARD AT A SPI~CIAL MEETING HFLD ON OCTOBER 19. 1999: LOCAL LAW NO. 44 OFTH~ YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Count)_ Tax Map (SCTM) # I000-074.00-05.00-005.000 FROM THE (R-40) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION TO THE (I-lB) H&MLET BUSINESS ZONING DISTRICT DESIGNATION. BE IT ENACTED BY ~ TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislative Intent Consistent with ourcom@cehensive land use plan and our established objectives and goals as reflected by the existing zoning patterns ~ithin/he Town, and based upon our current County Route 48 Land use study as well as numerous land use studies and plans developed heretofore, we hereby determine that it is necessary and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus, we hereby identify and adopt the following overall themes of (1) Preservation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; (3) Preservation of the Rural, Cultural, Commercial and Historical Character of the Hmnlets and Surrounding Areas; (4) Preservation of the Natural Environment; which-derive from the shared vision held by residents and local public officials of the Town and which are intended to foster a strong economy and which encourage and preserve the existing high quality of life, as more specifically se~ forth herein below: 1. Preservation of Farmland and Agriculture Farmla~ is a valuzble rout dy~am~¢ ind,,~y in Ihe Town of Southold. The open rcsidcms~ while l~mno~g ~mn'~t and n~n~fi~m- 2. PreS%ration of Open and:Recreational Space. Tr~ To3~U of So..hold reli,~ hen~ily upon its senld~'d '~, and ppen landscap~ for recreation, clean:~ii- ~nd w~ter, as ~ as for ils-atUnction to~ ~d. mc~ation-seek~m Thc Town bas allmcted many s~c~nd homcowne~ because of its -n~tm'ul resources, abundance of opeu space, ~ pictu~sque vffia§es, nad the ever-present waterfront" (Mn.qte~ Plan Update, 1985). Due to this open space, the Town bas n tremendous development potential. Bleak pictures have been painted in a few documents, w'aming of s~-ip -t3qpe development, suburban sprawl and water supply issues. The preservation of open and t~creatioanl space is not only aesthetic, but also a necessity for the prec~nt argi future needs of the Town. 3. Preservation of the Rural, Cultural, Commercial and Historicul Character of the Hamlets and Surm~n~.&gevt are keeping growth in ti~e existing hamlet centers and prese,adng the ealmncing the suffounding mini areas. ^dditionally, the Master Plan Ulxtate recommends the provision fur ~a community of residential hamlets tbat are comprised ora variety of housing opportunities, commercial, service and cultural activities, set in an open or rural atmosphere and supported by a diversified economic base (including agriculture, manne commemial and seasonal recreation acti'cities)." 4. Preservation of the Natural Environment Accommodating t'growth and change within the To,am witlmat destroying its traditional economic base, the natural environment of which that bs~e rests, and the unique character and the way of life that defines the Town" is of utmost import, anco" (Ground Watershed Protection and Water Supply Management Strategy). The Master Plan Update recommends preservation of the Towrt's natural environment from wedands to woodlands and to "achieve a land use pattern that is sensitive to the limited indigenous water supply and will not degrade the subsurface water quality. ~ hc outslanding needs enumcra(',M belox; are thc culntinadon of carcful companson of Lhe intent and objcotives of the town (as slated in pasl land use plans and studies) and the currently existing conditions along the County Route 48 c~rridor. These nceds reflect the past and present vision of the Town and the work that s~H n~:ls to be done due to the Irroximity of County Route 48 to the kamlet commercial centers and to avoid potentially conflicting development strategies for such areas. These outstanding needs we find exist throughout tho Town and are specifically identified as follows: 1) to provide for viable land use development at levels of intensities which are sensitive Io subsurface water quality and quantity 2) To maintain and strengthen hamlet centers as the focus of cummemiaL residential, and cultural activity; 3) To preserve the open, agricultural and rural character of areas outside of tim lkamlet centers; 4) to provide for a variety of housing opportunities for citizens of different incomes and age levels: 5) to enhance the opportunities for pedesWian-fdendly sl~opping; 6) to continue to tim support of the Town's agricultural economy; 7) to maximize the Town's natural assets, including its coastal location and agricultural base, by balancing commercial, residential and recreational uses; 8) lo strengthen the Town's masin~-rccreational and me-commercial activities; 9) to encourage the preservation ofparldand and public access to the waterfrbnt; 10) to support tmlrism by maintaining and ~g the Town's assets {hat foster a tourist trade, nal~ely Im mlt~.c~l~r b-~n~8, ~tti~OtiC hl~z'~olg¢, architecture, a sense of place, of rural and open cl,nracter, agt-~ul~ and mann~ 0 to pres paine and enooura e rite diverafiCaa0n 12) t° preserve the historic, calmral, asclfiteCalral and mzhaeolo~=gsom-ces of the Town; 13) to enausevlaualqualityofhamlelc~nters; - 14) to encourdge appropriate land ~ ~ ineido arid out of hamlot 15) to promot~ balanced ceonomy and tax base; 16) to preserve the integrity of the Town's vegetative habitats, including fi'eshwater wetlands and woodlands. ~ction 2. Enactment Tlierefore, based upon the aforementioned goals and identified needs of the Town and upon our consideration of the recommendations and comments of our Planning Board: the Sttffolk County PIanning Commission, our planning consultant (CCG) and the public c~mmant laken at the public hea~ing and othem'ise, we hereby chartge tile zoning districl designation [or the parceI known as SCTM# /(/'0"0 ~' t~*7~, t'r'O -~-~' tq'~"' ~rD~.~ /-~ 0 (and as more full5' described herein below) from file / LEGAL DESCRIPTION Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended Io rellect the within change of zoning district d~ignation' for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE E~PECT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE. H A. NEVILLE $OUTHOLD TOWN CLERK OCTOBER 19. 1999 o .,-c Law L STATE '~,,,*' 41ST^TE STREET. ALBAN¥,Ny 12151 (Use this [om to tile a local law with the ,~cretary of Text o£ law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ~ or .............................. _s. _o..u_ _t.h_ _o_ ! .d_ .............................................. Town LOCAL LAW NO 44 OF THE YEAR 1999. A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk Count5_, Tax IVlap (SCTM) # 1000-074.00-05.00-005.000 FROM THE (R-40) RESIDENTIAL LOW DENSITY ZONING DISTRICT DESIGNATION TO THE 0rlB) HAMLET BUSINESS ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOIJTHOLD AS FOLLOWS: Please see attached. ~f additional space is ueeded~ at~aeh pages the same size as this sheet, and number each.) LOCAL LAW NO. 44 OF THE. YEAR 1999. A LOCAL LAW TO CHANGE THE ZONTNG DIS'[~,ICT DESIGNATION OF 2G-IE PARCEL OF PROPERTY KNOWN AS Stffi'olk County Tax Map (SCTM) # 1000--074.004)5.00-005 000 FROM THE 0L-40) RESIDENTIAL LOW DENSITY ZONING Dlff[RICT DESIGNATION TO 2I-IE (HB) HAMLET BUSINESS ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section l. Legislative Intern Consistent with our comprehensive land use plan and our established objectives and goals as reflected by the existing zoning patterns v~ithin the Town, and based upon our current County Route 48 Land use study as well as numerous land use studies and plans developed heretofore, we hereby determine that it is necessary and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus, we hereb3 identify and adopt the following overall themes of (1) Presem-ation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; (3) Presem,ation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; (4) Preservation of the Natural Environment; which derive from the shared vision held b3~ residents and local public officials of the Town and which are intended to foster a strong oconomy and which encourage and preserve the existing high qualit3' of life, as more specifically set forth herein below: 1. Preservation of Farmland and Agriculture Farmland is a valuable and dymamic indusl~y in the Town of Southold. The open farmlands are not only highly cherished for their economic value, but for the scenic vistas they provide. Thc open space and scencny created by farmland additionally contxibutea to the quality of life of the residents, while promoting tourism and r~-eatio~ 2. Preservatian of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open land.nc:apes for recreation, clean air and water, as well as for its attraction to tourists and recreation-seekers. The Town has attxacted many second homeowners because of its "natural resources, abundance of open space, farms, picturesque villages, and the ever-present waterfront" (Master Plan Update, 1985). Due to this open space, the Town has a tremendous development pete~ial. Bleak pictures have been painted in a few documents, warning of strip-type developmenL subufoan sprawl and water supply issue~. The preservation of open and recreational space is not only aesthetic, but also a necessity for the present and future needs of rite Town 3. Preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and SurroundhigAreas The Town of 8outhold is renowned for its rural, cultural, vommercial and hiatoric cham~r. TI~ unique rl~:*racter ia recognized in all of the documents z~vicwed. Based on the input of Town residents, the Final Report and Recommenclatian~ states that the two most pvgvalant and key issues ELIY~kBETI-I A. NEVILLE .. _ --.--~,'9~Y~ Town Hall, 53095 Main Road TOWN CLERIC ~1'31 P.O. Box 1179 Southo|d, New York 11971 [tEGISTILAi~ OF X~TT.LL STATISTICS ~ Fax (516) 765-6145 I%~kRRIAGE OFFICER RECORI~S i%~kNAGEi~IENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORM2%TION OFFICER OFFICE OF TI~E TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE 5OUTHOLD TOWN BOARD HELD ON SEPTEMBER 28. 1999: WHEREAS the Town Board of the Town of Southold is considering a change in the zoning designation from (t[40) Residential Low-Density District to (HB) Hamlet Business District of certain parcels of land lying in the Town of Southold identified by SCTM# 1000-074.00-03.00-16.000; SCTM# 1000-074.00-03.00-17.00; SCTMg 1000- 074.00-05.00-01_000; SCTM~ 1000-074.00-05.00-05.000; RESOLVED by the Town Board of the Town of Southold that for the above actions there is no other involved agency pursuant to SEQRA Rules and Regulations set forth in 6 NYCRR 617.1 et. seq. and Chapter 44 of the Southold Town Code; be it further RESOLVED by the Town Board of the Town of Southold that for the above actions the Town Board is Lead Agency pursuant to SEQRA Rules and Regulations set forth in 6 NYCRR 617.1 et. seq. and Chapter 44 of the Southold Town Code; be it further RESOLVED by the Town Board of the Town of Southold that these actions each are an Unlisted Action pursuant to SEQKA Rules and Regulations set forth in 6 NYCRK 617.1 et. seq. and Chapter 44 of the Southold Town Code. Elizabeth A. Neville Southold Town Clerk September 28, 1999 LEGAL-NOTICE i: NOTICE OF PUBLIC HEAR ..... I'.',ING ON A LOCAL LAW TO AMEND THE ZONING MAP QF TH~ TOWn OF sourrHOLD BY STATE OF NEW YORK) CHANGING THE ZONING DIS- !!: '. TRICT OF SCTM # # 1000-074.00- ... )SS: 05 00-005 000 FROM the R-40 Residential Low-Density '(R40) CO[J-NTY OF SLT~.FOL, K) ,?:iD'st;itt-to the Hamlet Business MT~ Od"X ~- {~ )'l[[ ~-S of mattltuck, in .said PUBLIC NOTICE IS HEREBY COLIII[y, being duly sworn, says that he/she is i?GIVEN that Pursua~xt to Section Pr~l. cipal clerk 'of THE SUFFOLK TIMES, a 265 of the Town LaW and require- moots of the Code of the Town of weekly newspaper, published at MattitUck, in :i~iSouthold,. suffolk C~Ounty, New '.i:York, that the Town Board of the the Town of Southold, County of Suffolk and i:i.Town ofSouthold will'h01d a PUB- State of New York, and that the Notice of which LIC' ,HEARING 0n the aforesahl j:i:LOCAL LAW at the SOUTHOLD the annexed ls a printed copy, has' been regU- 1:TOWN HALL, 53095 Main Road,' larly published in said Newspaper once each .: ...... ,PuhUc:: .Week''for :'[ weeks sU~cceSsively, '/~esaay, October ~ l~u~ at ~:00 pm... comment, rog . on ' me ~ ) y i ,: The pUrpose of the Local Law is to I of ~%~tqmhOLf'19q~ .' Ir, i'Change,'the Zoning District' of ' ,.on the Town Board's Own Motion ilk!i~ approximately 38 acres ' ' , ~ i~OTAR¥ PUBLIg, STATE OF H~.%~ i',:i This Local Law is e~titied _ 'A · SUFFOLK COU~TY Iii,/. LOCAg LAW TO CHANOE ~ ]~]" 7_,ONI~O ':DISTRICT DES- ~ COMM]SS[0i"~ EX?IRES AUGUST 31, ~i',.. 'IGNATION OF THE PARCEL OF ~ . ": ....... i i PROPERTY KNOWN AS SCTM # i,: Copies of 'th~s Local .Law!: ~re i ::.available ia the Office 'of the Town " Any nelson destane, to bo herod: ': :On the proP%ed amendment should /!1 Ii appear, and has the right .to appear, : ii' at the time and place above so spec- ~i ,fie& Andy person also has the right ! tim public heating 6r aL the pubhc i; 'BY ORDER .OF THE TOWN ' ["BOARD OF THE ToWN OF' '.[.soErrHOLD, SOUTHOLD, NEW !' ELIZABETH' X.' i'~ VILLE [~.' SOUTHOZD TOW~ CLE~X-